Best Construction Accident Lawyers in Tétouan

About Construction Accident Law in Tétouan, Morocco

Construction sites in Tétouan are governed by Moroccan labor, insurance, and civil liability rules designed to prevent accidents and to compensate victims when injuries occur. Most injured workers are covered by the Moroccan system for work accidents, which obliges employers to prevent risks, insure for work accidents, and compensate injured workers according to medical assessments and wage levels. If a passerby or a subcontractor is harmed, civil liability rules can also apply. Disputes are typically handled before the Tribunal de Première Instance in Tétouan, often within its social section. This guide explains the basics so you can understand your rights and the steps to take after an accident.

This information is general and educational. For advice on your specific situation, consult a lawyer licensed in Morocco.

Why You May Need a Lawyer

You may benefit from legal help in several common situations in the construction context in Tétouan:

- The employer or its insurer disputes that the injury is work related or claims you were at fault. A lawyer can protect your right to compensation even if fault is contested, since work accident compensation is often granted regardless of worker fault, except in limited cases like intentional misconduct.

- You face delays or denials from the insurer, or you are asked to sign documents you do not understand. A lawyer can manage communications and negotiations, and ensure medical and wage data are accurate.

- The accident involves multiple companies or subcontractors. Counsel can identify all responsible parties and coordinate claims under work accident insurance and civil liability.

- The injury is severe, permanent, or fatal. Calculating permanent disability and survivor benefits requires medical and legal analysis that significantly affects final compensation.

- You are a day laborer or do not have a written contract. A lawyer can help establish an employment relationship and coverage under Moroccan law.

- You are a passerby or neighbor injured by construction activity. Counsel can pursue claims under civil liability rules against the company, the site owner, or other responsible parties.

- There are safety violations on site that may lead to administrative or criminal proceedings. Legal guidance helps coordinate with labor inspectors and prosecutors while preserving your civil compensation rights.

Local Laws Overview

Work accident compensation law. Morocco has a dedicated regime for accidents at work covering construction workers. Employers must take out insurance for work accidents. If a worker is injured in the course of employment, medical care and compensation are due based on wage and the degree of temporary or permanent incapacity determined by medical assessment. Compensation may be paid as periodic indemnities or as a lump sum depending on the degree of disability and court decisions. The employer must declare the accident to its insurer within a short legal period after being informed. The worker should obtain an initial medical certificate and notify the employer promptly. Disputes about coverage, wages used for calculation, or disability percentages are brought before the Tribunal de Première Instance.

Labor Code health and safety duties. The Moroccan Labor Code requires employers to assess risks, give safety training, provide protective equipment, and set up health and safety committees in larger companies. Site managers must secure scaffolding, excavations, electrical installations, and crane operations, and must coordinate safety between contractors and subcontractors. Noncompliance can lead to administrative penalties and criminal liability in case of serious injury or death.

Social security and health coverage. Most employees must be registered with the CNSS for social security. Medical care for a work accident is generally covered under the work accident regime through the employer’s insurer, separate from standard health coverage, but coordination with your AMO or private plan may be needed for certain services.

Civil liability for third parties. If a passerby, supplier, or worker employed by another company is injured due to a fault or a thing under someone’s control, Morocco’s civil liability rules apply. Claims can be made against the contractor, subcontractor, site owner, or another responsible party. These claims can be pursued alongside or in addition to work accident benefits where the law allows, with attention to avoiding double recovery.

Subcontracting and shared responsibility. On multi-employer sites, the principal contractor and subcontractors have shared safety obligations. Depending on the facts, a principal may bear joint responsibility for safety failures affecting subcontracted workers. Contractual terms do not eliminate statutory duties toward safety.

Criminal aspects. Serious safety violations causing injury or death can trigger criminal investigation and prosecution for negligence. Evidence gathered by police or the labor inspectorate can also support civil claims.

Deadlines. Strict deadlines apply for accident notification, insurer declaration, and court filings. Some notices must be made within days. Court actions under the work accident regime and civil liability are subject to prescription periods that can be as short as around two years in certain cases. Because time limits vary with the type of claim and the facts, get legal advice quickly after an accident.

Local procedure in Tétouan. Work accident and labor disputes are typically filed at the Tribunal de Première Instance in Tétouan. The labor inspectorate in Tétouan can intervene for safety issues and may mediate certain disputes. Medical expert appraisals ordered by the court are common in injury cases.

Frequently Asked Questions

What should I do immediately after a construction accident in Tétouan

Get medical attention right away and ask for an initial medical certificate describing your injuries and whether the doctor considers it a work accident. Notify your supervisor or site manager as soon as possible and keep proof of notice. Write down names of witnesses, take photos if safe, and keep copies of your employment documents and pay slips. Do not sign documents you do not understand. Contact a lawyer promptly because short deadlines apply.

Who pays for my medical treatment after a work accident

Under the work accident regime, the employer’s insurer is generally responsible for medical expenses related to the accident, including consultations, tests, hospitalization, medication, and rehabilitation. Keep all medical prescriptions, invoices, and transport receipts. If you used your own funds, you may claim reimbursement from the insurer subject to the policy rules and the law.

Will I receive income while I cannot work

If the injury is recognized as a work accident, you are usually entitled to temporary disability payments calculated from your wage for the period you are medically unable to work. The exact rate and duration depend on medical certificates and legal formulas. For permanent consequences, a disability percentage is set that determines a lump sum or periodic benefit.

What if my employer refuses to declare the accident to the insurer

You can declare the accident yourself to the insurer if you know it, or file a claim directly in court. You may also report the situation to the labor inspectorate. A lawyer can compel the employer and insurer to disclose the policy and can file urgent motions to preserve your rights. Courts can sanction employers who fail to make the required declaration.

I am a day laborer without a written contract. Do I still have rights

Yes. Protection under the work accident regime applies based on the reality of an employment relationship, not only on written contracts. Evidence like witness statements, site badges, foreman records, and payment messages can establish your status. A lawyer can help collect and present this evidence.

Can I sue a third party if faulty equipment or another company caused my injury

Often yes. You may claim work accident benefits and also pursue a civil liability claim against a negligent third party such as an equipment supplier, another subcontractor, or the site owner, subject to rules against double recovery. These claims require proof of fault, causation, and damages beyond what the work accident system covers.

How is permanent disability determined

A doctor assesses your condition after consolidation when your injury is stable. A disability percentage is assigned based on medical criteria and functional impact. The insurer may propose a figure, but the court can appoint an independent medical expert if there is a dispute. The percentage, your age, and your wage influence the final compensation.

What if I am a passerby injured near a construction site

You can bring a civil liability claim against responsible parties. Take photos, note the company names on site boards, and obtain your medical reports. A lawyer can identify all liable entities and their insurers and file claims for medical costs, lost income, and pain and suffering.

Are migrant or foreign workers protected

Workers in Morocco, including foreign nationals, are generally covered by work accident rules for accidents occurring in Morocco. Your immigration status or lack of a written contract does not remove safety obligations. Specific cross border or social security coordination issues can arise, so seek legal advice early.

How long do I have to file a claim

Deadlines are strict. Employer accident declarations are due within days. Court actions under the work accident regime and civil liability are subject to prescription periods that may be around two years or longer depending on the claim and when you learned of the harm. Because rules vary, consult a lawyer immediately to avoid losing rights.

Additional Resources

Tribunal de Première Instance de Tétouan social section for work accident and labor disputes.

Inspection du travail de Tétouan for workplace safety issues and employer compliance.

Caisse Nationale de Sécurité Sociale CNSS agency in Tétouan for social security registration and records of wages and contributions.

Autorité de Contrôle des Assurances et de la Prévoyance Sociale ACAPS for information about insurance obligations and insurer conduct.

Ordre des Avocats de Tétouan for referrals to lawyers experienced in work accident and construction cases.

Public hospitals and occupational health services in Tétouan for initial medical certificates and follow up care.

Next Steps

1 - Seek medical care and obtain an initial medical certificate that mentions the work related nature of the injury if applicable. Follow treatment and keep all receipts.

2 - Notify your employer in writing as soon as possible. Keep a copy or proof of delivery. Ask for the name of the work accident insurer and the policy number.

3 - Gather evidence. Save site photos, witness contacts, PPE records, payslips, and any site safety documents you can access.

4 - Consult a lawyer in Tétouan. Bring your medical documents, employment information, and any correspondence from the employer or insurer. Ask about deadlines, the process before the Tribunal de Première Instance, and likely timelines.

5 - Avoid signing releases or settlements without legal review. Early offers may not reflect your full rights, especially if your medical condition has not stabilized.

6 - Follow up on insurer decisions and medical assessments. If there is a dispute about coverage, wages, or the disability percentage, your lawyer can request expert appraisal and file the appropriate court action.

Taking these steps promptly will preserve your rights and improve your chances of a fair outcome after a construction accident in Tétouan.